FDCPA Defense

APRIL 17, 2019

Although this scenario may sound far-fetched, it is an everyday occurrence for creditors’ rights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditors’ rights attorneys and their clients, might you and your clients be next? the “FDCPA”).

Lawyers 40

Lawyers Creditor's Rights Law Firms Creditors 40

FDCPA Defense

NOVEMBER 11, 2014

Section 1692g of the FDCPA says collectors must provide notice to consumers within five days of the initial communication regarding the debt, stating the amount of the debt, the name of the current creditor, and explaining the consumer’s right to dispute the debt and to obtain verification. Not exactly. See 15 U.S.C.

Debtor 40

Debtor Debt collector Creditors Original Creditor 40

FDCPA Defense

MAY 27, 2014

And if consumers stop paying on seriously delinquent accounts, this will force creditors and collectors to file even more lawsuits, so the creditor can be sure to collect before the limitations period has run. When people repay the debts they owe, this makes credit more available and more affordable, and all consumers benefit, right?

Creditors 40

Creditors Debt collector Consumer Credit Collections 40

FDCPA Defense

JANUARY 8, 2020

If a law firm sends a letter seeking to collect the correct amount, from the correct consumer, on behalf of the correct creditor, can the consumer still sue, claiming the firm violated the FDCPA because no attorney was “meaningfully involved” in preparing the letter? The Sixth Circuit recently held the answer is “no” in Buchholz v.

Law Firms 40

Law Firms Creditors Creditor's Rights Collections 40

FDCPA Defense

MAY 21, 2016

The CFPB has entered into consent orders with major creditors, debt buyers and law firms during the past year relating to key areas of their collection practices. The consent orders impose significant new requirements relating to data integrity, dispute handling, debt substantiation, debt sales, affidavit practices, and litigation practices.

Government 40

Government Collections Creditors Law Firms 40

FDCPA Defense

JULY 20, 2013

Scope Of The Act The Act only applies to debt buyers: it does not apply to creditors, collection agencies or collection attorneys. 4) The name and an address of the charge-off creditor at the time of charge off, and the charge-off creditor’s account number associated with the debt. at § 1788.54(b).

Debtor 40

Debtor Creditors Judgment Collections 40

FDCPA Defense

MAY 11, 2017

What role, if any, should a creditor client play in setting standards for the attorneys who collect on its behalf? Finding the right answers to these questions is difficult, and the stakes can be extremely high. What steps must an attorney take to be “meaningfully involved” when filing a collection lawsuit? Dickerson , 307 F.3d

Law Firms 40

Law Firms Debtor Creditors Collections 40